Papers by Jesse Richardson
There is perhaps no more impenetrable jungle in the entire law than that which surrounds the word... more There is perhaps no more impenetrable jungle in the entire law than that which surrounds the word 'nuisance.' ... [F]ew terms have afforded so excellent an illustration of the familiar tendency of the courts to seize upon a catchword as a substitute for any analysis of a problem."'
cc/2PKV-Q23E] (noting ownership plays a role in the environmental effects of farming); MICHAEL DU... more cc/2PKV-Q23E] (noting ownership plays a role in the environmental effects of farming); MICHAEL DUFFY ET AL., IOWA STATE UNIv. EXTENSION, FARMLAND OWNERSHIP AND TENURE IN IOWA 2007 18 (rev. 2008), http://www.extension.iastate.edulPublications/PM1983.pdf [https://perma.cc/7JQG-2BWE] [hereinafter DUFFY ET AL., FARMLAND OWNERSHIP] (discussing length of tenure and the effect on soil conservation); Michael S. Carolan, Barriers to the Adoption of Sustainable Agriculture on Rented Land: An Examination of Contesting Social Fields, 70 RURAL Soc. 387, 398 (2005) (noting there is more incentive for conservation if leases are for multiple growing seasons); cf Linda K. Lee & William H. Stewart, Landownership and the Adoption of Minimum Tillage, 65 AM. J. AGRIc. ECON. 256, 257 (1983) (noting tenure arrangements that separate ownership from operation can hinder conservation). 2.
Although West Virginia's experience reflects those in a large number of states, the statute that ... more Although West Virginia's experience reflects those in a large number of states, the statute that has emerged also offers some innovative strategies for promoting localism in the state. II. LOCAL GOVERNMENT POWERS GENERALLY Since at least the post-Civil War period, the default rule for local government power in the United States has been that local governments are creatures of the state that derive their existence and powers from state law.' (The federal Constitution makes no provision for local governmental units.) This view was solidified by the widespread adoption of "Dillon's Rule," which is named after Justice John F. Dillon of the Iowa Supreme Court, who formulated it in an 1868 decision (Merriam v. Moody 's Executors 2) and in his treatise Commentaries on the Law ofMunicipal Corporations. 3 He wrote: [A] municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily implied or necessarily incident to the powers expressly granted; third, those absolutely essential to the declared objects and purposes of the corporation-not simply convenient, but indispensable; fourth, any fair doubt as to the existence of a power is resolved by the courts against the corporation-against the existence of the power.' Although Dillon wrote specifically about cities, his rule was readily applied to define the powers of counties and other forms of local government.' Judges were I See, e.g., Hunter v. City of Pittsburgh, 207 U.S. 161, 178-79 (1907) ("The state,... at its pleasure, may modify or withdraw all [municipal] powers, may take without compensation such property, hold it itself, or vest it in other agencies, expand or contract the territorial area, unite the whole or a part of it with another municipality, repeal the charter and destroy the corporation."); Booten v. Pinton, 77 W. Va. 412, 421, 89 S.E. 985, 989 (1915) (concluding that municipalities "are mere creatures of the Legislature, exercising certain delegated governmental functions which the Legislature may revoke at will").
The Environmental Law Reporter, 2007
In this Article, Michael Allen Dymersky and Jesse J Richardson Jr examine the widespread rule ofj... more In this Article, Michael Allen Dymersky and Jesse J Richardson Jr examine the widespread rule ofjudicial review that a court should not consider evidence of motive in reviewing legislative actions by local government. They evaluate the rule in the context of a rezoning case in Highland County, Virginia, in which a group ofplaintiffs conclusively established that improper motive prompted one supervisor to vote in favor ofrezoning the subject property. The Highland County Circuit Court invoked the rule againstjudicial review of motive evidence to foreclose any consideration of the admitted improper personal motives that had inspired that particular rezoning. The authors conclude that the rule against judicial review ofmotive evidence has outlived its usefulness in the context ofrezonings and urge a legislative intervention. 3. Their motives, considered as the moral inducements for their votes, will vary with the different members of the legislative body. The diverse character of such motives, and the impossibility of penetrating into the hearts of men and ascertaining the truth, presumably precludes all such inquiries as impracticable and futile. Soon Hing v. Crowley, 113 U.S. 703, 711 (1885) (ignoring proof that ordinance was adopted owing to a feeling of antipathy and hatred prevailing in the city and county of San Francisco against Chinese immigrants). 4. Blankenship v. City of Richmond, 49 S.E.2d 321, 323 (Va. 1948). "that evidence aliunde is inadmissible to assail the motives [of even local supervisors that] induced the enactment of a [local zoning] ordinance, for the purpose of determining its validity."' Recently, in Blue Grass Valley Preservation Coalition v. The Board of Supervisors of Highland County, Virginia, 6 a group of plaintiffs conclusively established that improper motive prompted one supervisor to vote in favor ofrezoning the subject property. 7 The Highland County Circuit Court invoked the Blankenship rule to foreclose any consideration of the admitted improper personal motives that had inspired that particular rezoning. The Highland County Circuit Court in the Blue Grass Valley case understandably took that statement in Blankenship v. City ofRichmond' to its logical conclusion, and revealed why the rule-and holding of Blankenship must be legislatively repealed. This Article examines the widespread rule of judicial review that a court should not consider evidence of motive in 5. Id. at 325 (citation omitted) (internal quotation marks omitted). But again, Blankenship also holds, without citation to any authority, that in Virginia "such evidence is admissible to sustain the validity of the ordinance, and often has decisive force." Id. (citations omitted). 6. The authors represented some of those who appealed to the local Virginia Circuit Court a rezoning decision made by the Board of Supervisors, the local governing body in Highland County, in a case styled Blue Grass Valley Preservation Coalition v. The Board of Supervisors of Highland County, Virginia, Equity No. CH03000004-00 (filed Apr. 8, 2003) [hereinafter zoning appeal or Blue Grass Valley case]. It was tried before the Honorable Thomas H. Wood, Chief Judge, 25th Judicial Circuit of Virginia, on April 29, 2004. Chief Judge Wood issued a final Order and Decree on November 3, 2004, declining to disturb the rezoning decision. 7. The Board of Supervisors on a 2-to-i vote approved an ordinance rezoning what was then known as the McNulty Farm, making way for intensive residential development on a steep mountain tract that had long been designated agricultural and conservation land. 8. 49 S.E.2d 321 (Va. 1948).
Turtles All the Way Down: A Clearer Understanding of the Scope of Waters of the United States Based on the United States Supreme Court Decisions
Social Science Research Network, 2021
Nuisance revisited after Buchanan and Bormann
Drake j. Agric. L., 2000
... of affected landowners.3 One court went on to opine that this imposition constituted a &q... more ... of affected landowners.3 One court went on to opine that this imposition constituted a "physical invasion" of the * Jesse J. Richardson, Jr. ... The court in Lucas v. South Carolina Coastal Council, both the majority and dissent, refers to these types of takings as categorical takings. ...
Probate and the Probate Process
Use of Conservation Easements in Estate and Conservation Planning
An Introduction to Trusts
August 2015 Page 1 of 2 Trusts are a growing yet still not widely used tool for business and esta... more August 2015 Page 1 of 2 Trusts are a growing yet still not widely used tool for business and estate planning. This may be due in part to the reputation which Trusts have developed as a confusing and complicated legal process used primarily by the very rich to avoid taxes or take advantage of other opportunities not available to the average person. Despite its reputation and whether that reputation is true or false, Trusts can be used by anyone even if for a very simple purpose. It is not required that a Trust be a complicated web of legal documents. A Trust may be established merely for the purpose of providing a regular payment for the care of an underage child.
Rights of surviving spouses and children
Advance medical directives
This publication consists of two tables with information regarding water rights among the states.... more This publication consists of two tables with information regarding water rights among the states. Table 1 summarizes each state’s common law water rights for both surface and percolating ground water, as well as whether the state has statutory rules that modify the common law rule. Table 2 briefly summarizes the type of regulated riparian requirements, the threshold at which the requirements apply, grandfathered water withdrawals and exemptions for those states that have regulated riparian rules
Oklahoma *Court construes general statute as granting authority. **One or more court cases suppor... more Oklahoma *Court construes general statute as granting authority. **One or more court cases support the statute. ***Non-binding court statement supports mandatory water connection.
Discusses land use conflicts between agriculture, conservation, development and energy.
Virginia Cooperative Extension programs and employment are open to all, regardless of race, color... more Virginia Cooperative Extension programs and employment are open to all, regardless of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, or marital or family status. An equal opportunity/affirmative action employer. Issued in furtherance of Cooperative Extension work, Virginia Polytechnic Institute and State University, Virginia State University, and the U.S. Department of Agriculture cooperating. Edwin J. Jones, Director, Virginia Cooperative Extension, Virginia Tech, Blacksburg; Jewel E. Hairston, Administrator, 1890 Extension Program, Virginia State, Petersburg. MANAGING LEGAL LIABILITY SERIES: Conducting the Liability Assessment
Studying the Impacts of Environmental Amenities and Hazards with Nationwide Property Data: Best Data Practices for Interpretable and Reproducible Analyses
SSRN Electronic Journal, 2021
Access to rich, nationwide property data has catalyzed rapid empirical work concerning land use c... more Access to rich, nationwide property data has catalyzed rapid empirical work concerning land use choices in several fields of inquiry, including environmental economics, urban geography, and conservation biology. When data on property transactions and assessments are provided in its original or only partially pre-processed state, the accuracy, reliability, and generalizability of findings can be improved with a series of cleaning procedures and quality checks. We discuss issues inherent in using increasingly popular, nationwide data to perform econometric analyses and propose best practices for data preparation by example of ZTRAX, a U.S.-wide real estate database available to academics, non-profit, and government researchers between 2016 and 2023. We cover (1) the identification of arms-length sales, (2) the geo-location of parcels and buildings, (3) temporal linkages between transaction, assessor, and parcel data, (4) the identification of property types, such as single-family homes and vacant lands, and (5) dealing with missing or mismeasured data for standard housing attributes. We provide supplementary maps, filtering tables, and algorithmic descriptions to help analysts check and document their choices, improve the quality of ongoing and planned research, and help readers better understand the scope, reliability, and generalizability of findings and data products.
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Papers by Jesse Richardson